Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38331

(iii) A GSA Finance Center pays the

invoices using EFT.

* * * * *

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Section 552.232–25 is amended by

revising the clause date and deviation

citation and revising paragraph (a)(2)(ii)

to read as follows:

552.232–25 Prompt payment.

* * * * *

PROMPT PAYMENT (JUL 1998)

(DEVIATION FAR 52.232–25)

* * * * *

(a) Invoice payments.

* * * * *

(2) * * *

* * * * *

(ii) The Contractor must generate and

submit to the Government valid EDI invoices

(transaction set 810) or submit invoices

through the GSA Finance Center Internetbased invoice process. Internet-based

invoices must be submitted using procedures

provided by GSA.

* * * * *

5. Section 552.232–70 is amended by

revising the clause date and paragraph

(b)(2) to read as follows:

552.232–70 Invoice payments.

* * * * *

INVOICE PAYMENTS (JUL 1998)

* * * * *

(b) * * *

* * * * *

(2) The Contractor must generate and

submit to the Government valid EDI invoices

(transaction set 810) or submit invoices

through the GSA Finance Center Internetbased invoice process. Internet-based

invoices must be submitted using procedures

provided by GSA.

* * * * *

6. Section 552.238–74 is amended by

revising the clause data and paragraph

(b) to read as follows:

552.238–74 Submission and distribution of

authorized FSS schedule pricelists.

* * * * *

SUBMISSION AND DISTRIBUTION OF

AUTHORIZED FSS SCHEDULE PRICELISTS

(JUL 1998)

* * * * *

(b) The Contracting Officer will return one

copy of the Authorized FSS Schedule

Pricelist to the Contractor with the

notification of contract award.

* * * * *

Dated: July 8, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–18816 Filed 7–15–98; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

[Docket No. OST–96–1430; Amdt. 1]

RIN 2105–AC69

Public Availability of Information;

Electronic FOIA Amendment

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Department of

Transportation revises its regulations

implementing the Freedom of

Information Act (FOIA), 5 U.S.C. 552.

This amendment provides changes to

conform to the requirements of the

Electronic Freedom of Information Act

Amendments of 1996 (EFOIA), Public

Law 104–231, provides changes to

DOT’s fee schedule, and reflects certain

organizational changes.

DATES: This rule takes effect on August

17, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert I. Ross, Office of the General

Counsel, C–10, Department of

Transportation, Washington, DC 20590,

telephone (202) 366–9156, FAX (202)

366–9170; electronic mail

bob.ross@ost.dot.gov.

SUPPLEMENTARY INFORMATION: These

revisions reflect changes required by the

Electronic Freedom of Information Act

Amendments of l996 (Public Law 104–

231). New provisions implementing the

amendments are found at §§ 7.5

(frequently requested documents), 7.8

(electronic reading room requirements),

7.21 (deletion markings and volume

estimation), 7.31 (timing of responses,

multi-track and expedited processing),

and 7.33 (unusual circumstances).

Revisions to DOT’s fee schedule can be

found at § 7.43. DOT will be charging

fees at rates based on an average of

hourly rates for three pay scale levels.

Finally, references to DOT’s Urban Mass

Transportation Administration (UMTA)

are changed to the Federal Transit

Administration (FTA) to reflect a

statutory revision to the name of the

agency. This amendment was published

for public comment (63 FR 18855; April

16, 1998), but none was received. We

are therefore issuing this amendment as

proposed.

Regulatory Notices and Analysis

This amendment is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866 or the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1531 et seq.). It is also not

significant within the definition in

DOT’s Regulatory Policies and

Procedures, 49 FR 11034 (1979), in part

because it does not involve any change

in important DOT policies. Because the

economic impact should be minimal,

further regulatory evaluation is not

necessary. Under the Regulatory

Flexibility Act, the group of persons

who will be directly affected by this

amendment are the public, who will

find it easier to obtain information from

the DOT under FOIA. Individual

members of the public do not qualify as

small entities, but small organizations,

businesses, etc., do and all will have

burdens lessened by this amendment, as

its effect will be to make records

available through electronic media and

to streamline FOIA processing activities;

however, it is not likely that any such

burden reduction will be large nor that

it will be convertible into economic

equivalents. Hence, I certify that this

amendment will not have a significant

economic impact on a substantial

number of small entities.

This amendment does not

significantly affect the environment, and

therefore an environmental impact

statement is not required under the

National Environmental Policy Act of

1969. It has also been reviewed under

Executive Order 12612, Federalism, and

it has been determined that it does not

have sufficient implications for

federalism to warrant preparation of a

Federalism Assessment.

Finally, the amendment does not

contain any collection of information

requirements, requiring review under

the Paperwork Reduction Act, as

amended.

List of Subjects in 49 CFR Part 7:

Freedom of information.

In accordance with the above, DOT

revises 49 CFR Part 7 to read as follows:

PART 7—PUBLIC AVAILABILITY OF

INFORMATION

Subpart A—General Provisions

Sec.

7.1 General.

7.2 Definitions.

Subpart B—Information Required to be

Made Public by DOT

7.3 Publication in the Federal Register.

7.4 Publication required.

7.5 Availability of opinions, orders, staff

manuals, statements of policy, and

interpretations and indices.

7.6 Deletion of identifying detail.

7.7 Access to materials and indices.

7.8 Copies.

7.9 Protection of records.

7.10 Public records.
38332 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

Subpart C—Availability of Reasonably

Described Records Under the Freedom of

Information Act

7.11 Applicability.

7.12 Administration of subpart.

7.13 Records available.

7.14 Requests for records.

7.15 Contacts for records requested under

the FOIA.

7.16 Requests for records of concern to

more than one government organization.

7.17 Consultation with submitters of

commercial and financial information.

Subpart D—Procedures for Appealing

Decisions Not to Disclose Records and/or

Waive Fees

7.21 General.

Subpart E—Time Limits

7.31 Initial determinations.

7.32 Final determinations.

7.33 Extension.

Subpart F—Fees

7.41 General.

7.42 Payment of fees.

7.43 Fee schedule.

7.44 Services performed without charge or

at a reduced charge.

7.45 Transcripts.

7.46 Alternative sources of information.

Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49

U.S.C. 322; E.O. 12600, 3 CFR, 1987 Comp.,

p. 235.

Subpart A—General Provisions

§ 7.1 General.

(a) This part implements 5 U.S.C. 552,

and prescribes rules governing the

availability to the public of DOT

records. Many documents are made

available to the public for inspection

and copying through DOT’s Primary

Electronic Access Facility and public

record unit locations that are discussed

in subpart B of this part, which contains

the DOT regulations concerning the

availability to the public of opinions

issued in the adjudication of cases,

policy issuances, administrative

manuals, and other information made

available to the public, without need for

a specific request.

(b) Subpart C of this part describes the

records that are not required to be

disclosed on DOT’s own action under

this part, but that may be available upon

request under FOIA.

(c) Indices are maintained to reflect

all records subject to subpart B of this

part, and are available for public

inspection and copying as provided in

subpart B.

§ 7.2 Definitions.

As used in this part—

Act and FOIA mean the Freedom of

Information Act, 5 U.S.C. 552, as

amended.

Administrator means the head of each

DOT component of DOT and includes

the Commandant of the Coast Guard, the

Inspector General, and the Director of

the Bureau of Transportation Statistics.

Concurrence means that the approval

of the person being consulted is

required in order for the subject action

to be taken.

Consultation means that the approval

of the person being consulted is not

required in order for the subject action

to be taken.

Department or DOT means the

Department of Transportation, including

the Office of the Secretary of

Transportation, the Office of the

Inspector General, and the following

DOT components, all of which may be

referred to as DOT components. Means

of contacting each of these DOT

components appear in § 7.15. This

definition specially excludes the

Surface Transportation Board, which

has its own FOIA regulations (49 CFR

Part 1001):

(1) United States Coast Guard,

(2) Federal Aviation Administration,

(3) Federal Highway Administration,

(4) Federal Railroad Administration,

(5) National Highway Traffic Safety

Administration,

(6) Federal Transit Administration,

(7) Saint Lawrence Seaway

Development Corporation,

(8) Maritime Administration,

(9) Research and Special Programs

Administration, and

(10) Bureau of Transportation

Statistics.

Primary Electronic Access Facility

means the electronic docket facility in

the DOT Headquarters Building, 400 7th

Street, S.W., Washington, D.C. 20590.

Reading room records are those

records required to be made available to

the public under 5 U.S.C. 552(a)(2) as

described in § 7.5 of Subpart B of this

part. These records are made available

through DOT’s Primary Electronic

Access Facility. Other records may also

be made available at DOT’s discretion at

DOT inspection facilities, including

DOT’s Primary Electronic Access

Facility.

Record includes any writing, drawing,

map, recording, tape, film, photograph,

or other documentary material by which

information is preserved. The term also

includes any such documentary

material stored by computer.

Responsible DOT official means the

head of the DOT component concerned,

or the General Counsel or the Inspector

General, as the case may be, or the

designee of any of them, authorized to

take an action under this part.

Secretary means the Secretary of

Transportation or any person to whom

the Secretary has delegated authority in

the matter concerned.

Subpart B—Information Required To

Be Made Public by DOT

§ 7.3 Publication in the Federal Register.

This section implements 5 U.S.C.

552(a)(1), and prescribes rules governing

publication in the Federal Register of

the following:

(a) Descriptions of DOT’s

organization, including its DOT

components and the established places

at which, the officers from whom, and

the methods by which, the public may

secure information and make submittals

or obtain decisions;

(b) Statements of the general course

and methods by which DOT’s functions

are channeled and determined,

including the nature and requirements

of all formal and informal procedures

available;

(c) Rules of procedure, descriptions of

forms available or the places at which

forms may be obtained, and instructions

as to the scope and contents of all

papers, reports, or examinations;

(d) Substantive rules of general

applicability adopted as authorized by

law and statements of general policy or

interpretations of general applicability

formulated and adopted by DOT; and

(e) Each amendment, revision, or

repeal of any material listed in

paragraphs (a) through (d) of this

section.

§ 7.4 Publication required.

(a) General. The material described in

§ 7.3 will be published in the Federal

Register. For the purposes of this

paragraph, material that will reasonably

be available to the class of persons

affected by it will be considered to be

published in the Federal Register if it

has been incorporated by reference with

the approval of the Director of the

Federal Register.

(b) Effect of nonpublication. Except to

the extent that he/she has actual and

timely notice of the terms thereof, a

person may not in any manner be

required to resort to, or be adversely

affected by, any procedure or matter

required to be published in the Federal

Register, but not so published.

§ 7.5 Availability of opinions, orders, staff

manuals, statements of policy, and

interpretations and indices.

(a) This section implements 5 U.S.C.

552(a)(2). It prescribes the rules

governing the availability for public

inspection and copying of the following

reading room materials:

(1) Any final opinion (including a

concurring or dissenting opinion) or

order made in the adjudication of a case.

(2) Any policy or interpretation that

has been adopted under DOT authority,
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38333

including any policy or interpretation

concerning a particular factual situation,

if that policy or interpretation can

reasonably be expected to have

precedential value in any case involving

a member of the public in a similar

situation.

(3) Any administrative staff manual or

instruction to staff that affects any

member of the public, including the

prescribing of any standard, procedure,

or policy that, when implemented,

requires or limits any action of any

member of the public or prescribes the

manner of performance of any activity

by any member of the public. However,

this does not include staff manuals or

instructions to staff concerning internal

operating rules, practices, guidelines,

and procedures for DOT inspectors,

investigators, law enforcement officers,

examiners, auditors, and negotiators and

other information developed

predominantly for internal use, the

release of which could significantly risk

circumvention of agency regulations or

statutes.

(4) Copies of all records, regardless of

form or format, that have been released

to any person under subpart C of this

part and which, because of the nature of

their subject matter, a DOT component

determines have become or are likely to

become the subject of subsequent

requests for substantially the same

records.

(5) A general index of the records

listed in this paragraph.

(b) Any material listed in paragraph

(a) of this section that is not made

available for public inspection and

copying, or that is not indexed as

required by § 7.7, may not be cited,

relied on, or used as precedent by DOT

to affect any member of the public

adversely unless the person to whose

detriment it is relied on, used, or cited

has had actual timely notice of the

material.

(c) This section does not apply to

material that is published in the Federal

Register or covered by subpart C of this

part.

§ 7.6 Deletion of identifying detail

Whenever it is determined to be

necessary to prevent a clearly

unwarranted invasion of personal

privacy, identifying details will be

deleted from any record covered by this

subpart that is published or made

available for inspection. Whenever it is

determined to be necessary to prevent

the disclosure of information required

or authorized to be withheld by another

Federal statute, such information shall

be deleted from any record covered by

this subpart that is published or made

available for inspection. A full

explanation of the justification for the

deletion will accompany the record

published or made available for

inspection.

§ 7.7 Access to materials and indices.

(a) Except as provided in paragraph

(b) of this section, material listed in

§ 7.5 will be made available for

inspection and copying to any member

of the public at DOT document

inspection facilities. It has been

determined that it is unnecessary and

impracticable to publish the index of

materials in the Federal Register.

Information as to the kinds of materials

available at each facility may be

obtained from the facility or the

headquarters of the DOT component of

which it is a part.

(b) The material listed in § 7.5 that is

published and offered for sale will be

indexed, but is not required to be kept

available for public inspection.

Whenever practicable, however, it will

be made available for public inspection

at the appropriate DOT reading room.

(c) Each DOT component will also

make the reading room records

identified in section 7.5(a) that are

created by DOT on or after November 1,

1996, available electronically. This

includes indices of its reading room

records as required by law after

December 1, 1999.

§ 7.8 Copies

Copies of any material covered by this

subpart that is not published and

offered for sale may be ordered, upon

payment of the appropriate fee, from the

Docket Offices listed in § 7.10. Copies

will be certified upon request and

payment of the fee prescribed in

§ 7.43(f).

§ 7.9 Protection of records.

(a) Records made available for

inspection and copying may not be

removed, altered, destroyed, or

mutilated.

(b) 18 U.S.C. 641 provides for

criminal penalties for embezzlement or

theft of government records.

(c) 18 U.S.C. 2071 provides for

criminal penalties for the willful and

unlawful concealment, mutilation or

destruction of, or the attempt to conceal,

mutilate, or destroy, government

records.

§ 7.10 Public Records.

Publicly available records are located

in DOT’s Primary Electronic Access

Facility at 400 7th Street, S.W.,

Washington, D.C. 20590.

(a) The Primary Electronic Access

Facility maintains materials for the

Office of the Secretary, including former

Civil Aeronautics Board material, and

materials for the DOT components. This

facility is located at Plaza Level 401,

and the hours of operation are 10:00–

17:00.

(b) Certain DOT components also

maintain public record units at regional

offices and at the offices of the

Commandant and District Commanders

of the United States Coast Guard. These

facilities are open to the public Monday

through Friday except Federal holidays,

during regular working hours. The Saint

Lawrence Seaway Development

Corporation has facilities at 180

Andrews Street, Massena, New York

13662–0520.

(c) Operating Administrations may

have separate facilities for manual

records. Additional information on the

location and hours of operations for

Docket Offices and inspection facilities

can be obtained through DOT’s Primary

Electronic Access Facility, at (202) 366–

9322.

Subpart C—Availability of Reasonably

Described Records Under the Freedom

of Information Act

§ 7.11 Applicability.

(a) This subpart implements 5 U.S.C

552(a)(3), and prescribes the regulations

governing public inspection and

copying of reasonably described records

under FOIA.

(b) This subpart does not apply to:

(1) Records published in the Federal

Register, opinions in the adjudication of

cases, statements of policy and

interpretations, and administrative staff

manuals that have been published or

made available under subpart B of this

part.

(2) Records or information compiled

for law enforcement purposes and

covered by the disclosure exemption

described in § 7.13(c)(7) if—

(i) The investigation or proceeding

involves a possible violation of criminal

law; and

(ii) There is reason to believe that—

(A) The subject of the investigation or

proceeding is not aware of its pendency,

and

(B) Disclosure of the existence of the

records could reasonably be expected to

interfere with enforcement proceedings.

(3) Informant records maintained by a

criminal law enforcement component of

DOT under an informant’s name or

personal identifier, if requested by a

third party according to the informant’s

name or personal identifier, unless the

informant’s status as an informant has

been officially confirmed.

§ 7.12 Administration of subpart.

Authority to administer this subpart

and to issue determinations with respect
38334 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

to initial requests is delegated as

follows:

(a) To the General Counsel for the

records of the Office of the Secretary

other than the Office of Inspector

General.

(b) To the Inspector General for

records of the Office of Inspector

General.

(c) To the Administrator of each DOT

component, who may redelegate to

officers of that administration the

authority to administer this part in

connection with defined groups of

records. However, each Administrator

may redelegate the duties under subpart

D of this part to consider appeals of

initial denials of requests for records

only to his or her deputy or to not more

than one other officer who reports

directly to the Administrator and who is

located at the headquarters of that DOT

component.

§ 7.13 Records available.

(a) Policy. It is DOT policy to make its

records available to the public to the

greatest extent possible, in keeping with

the spirit of FOIA. This includes

providing reasonably segregable

information from documents that

contain information that may be

withheld.

(b) Statutory disclosure requirement.

FOIA requires that DOT, on a request

from a member of the public submitted

in accordance with this subpart, make

requested records available for

inspection and copying.

(c) Statutory exemptions. Exempted

from FOIA’s statutory disclosure

requirement are matters that are:

(1)(i) Specifically authorized under

criteria established by Executive Order

to be kept secret in the interest of

national defense or foreign policy, and

(ii) In fact properly classified

pursuant to such Executive order;

(2) Related solely to the internal

personnel rules and practices of an

agency;

(3) Specifically exempted from

mandatory disclosure by statute (other

than the Privacy Act or the Government

in the Sunshine Act), provided that

such statute—

(i) Requires that the matters be

withheld from the public in such a

manner as to leave not any discretion on

the issue, or

(ii) Establishes particular criteria for

withholding or refers to particular

criteria for withholding or refers to

particular types of matters to be

withheld;

(4) Trade secrets and commercial or

financial information obtained from a

person and privileged or confidential;

(5) Inter-agency or intra-agency

memorandums or letters that would not

be available by law to a party other than

an agency in litigation with the agency;

(6) Personnel and medical files and

similar files the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy;

(7) Records or information compiled

for law enforcement purposes, but only

to the extent that the production of such

law enforcement records or

information—

(i) Could reasonably be expected to

interfere with enforcement proceedings,

(ii) Would deprive a person of a right

to a fair or an impartial adjudication,

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy,

(iv) Could reasonably be expected to

disclose the identity of a confidential

source, including a State, local, Tribal,

or foreign agency or authority or any

private institution that furnished

information on a confidential basis, and,

in the case of a record or information

compiled by a criminal law enforcement

authority in the course of a criminal

investigation, or by an agency

conducting a lawful national security

intelligence investigation, information

furnished by a confidential source,

(v) Would disclose techniques and

procedures for law enforcement

investigations or prosecutions or would

disclose guidelines for law enforcement

investigations or prosecutions if such

disclosure could reasonably be expected

to risk circumvention of the law, or

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual;

(8) Contained in or related to

examination, operating, or condition

reports prepared by, on behalf of, or for

the use of an agency responsible for the

regulation or supervision of financial

institutions; or

(9) Geological and geophysical

information and data, including maps,

concerning wells.

(d) Deleted information. The amount

of information deleted from frequentlyrequested electronic records that are

available in a public reading room will

be indicated on the released portion of

the record, unless doing so would harm

an interest protected by the exemption

concerned. If technically feasible, the

amount of information deleted will be

indicated at the place in the record

where the deletion is made.

§ 7.14 Requests for records.

(a) Each person desiring access to or

a copy of a record covered by this

subpart shall comply with the following

provisions:

(1) A written request must be made

for the record.

(2) Such request should indicate that

it is being made under FOIA.

(3) The envelope in which a mailed

request is sent should be prominently

marked: ‘‘FOIA.’’

(4) The request should be addressed

to the appropriate office as set forth in

§ 7.15.

(5) The request should state the

format (e.g., paper, microfiche,

computer diskette, etc.) in which the

information is sought, if the requestor

has a preference.

(b) If the requirements of paragraph

(a) of this section are not met, treatment

of the request will be at the discretion

of the agency. The twenty-day limit for

responding to requests, described in

§ 7.31, will not start to run until the

request has been identified, or would

have been identified with the exercise of

due diligence, by an employee of DOT

as a request pursuant to FOIA and has

been received by the office to which it

should have been originally sent.

(c) Form of requests. (1) Each request

should describe the particular record to

the fullest extent possible. The request

should describe the subject matter of the

record, and, if known, indicate the date

when it was made, the place where it

was made, and the person or office that

made it. If the description does not

enable the office handling the request to

identify or locate the record sought, that

office will notify the requestor and, to

the extent possible, indicate the

additional data required.

(2) Each request shall—

(i) Specify the fee category

(commercial use, news media,

educational institution, noncommercial

scientific institution, or other) in which

the requestor claims the request to fall

and the basis of this claim (see subpart

F of this part for fees and fee waiver

requirements),

(ii) State the maximum amount of fees

that the requestor is willing to pay or

include a request for a fee waiver, and

(iii) A request seeking a fee waiver

shall, to the extent possible, address

why the requestor believes that the

criteria for fee waivers set out in

§ 7.44(f) are met.

(3) Requesters are advised that the

time for responding to requests set forth

in subpart E will not begin to run—

(i) If a requestor has not sufficiently

identified the fee category applicable to

the request,

(ii) If a requestor has not stated a

willingness to pay fees as high as

anticipated by DOT,

(iii) If a fee waiver request is denied

and the requestor has not included an

alternative statement of willingness to

pay fees as high as anticipated by DOT,

or
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38335

(iv) If a fee waiver request does not

address fee waiver criteria.

(d) Creation of records. A request may

seek only records that are in existence

at the time the request is received. A

request may not seek records that come

into existence after the date on which it

is received and may not require that

new records be created in response to

the request by, for example, combining

or compiling selected items from

manual files, preparing a new computer

program, or calculating proportions,

percentages, frequency distributions,

trends, or comparisons. In those

instances where DOT determines that

creating a new record will be less

burdensome than disclosing large

volumes of unassembled material, DOT

may, in its discretion, agree to creation

of a new record as an alternative to

disclosing existing records. Records will

be provided in the form or format

sought by the requestor if the record is

readily reproducible in the requested

format.

(e) Search for records. (1) Each record

made available under this subpart will

be made available for inspection and

copying during regular business hours

at the place where it is located, or

photocopying may be arranged with the

copied materials being mailed to the

requestor upon payment of the

appropriate fee. Original records

ordinarily will be copied except in this

instance where, in DOT’s judgment,

copying would endanger the quality of

the original or raise the reasonable

possibility of irreparable harm to the

record. In these instances, copying of

the original would not be in the public

interest. In any event, original records

will not be released from DOT custody.

Original records, regardless of format,

may be returned to agency service upon

provision of a copy of the record to the

requestor, or, in the case of a denial,

upon creation and retention of a copy of

the original for purposes of FOIA

processing.

(2) DOT will make a reasonable effort

to search for requested records in

electronic form or format, unless doing

so would significantly interfere with

operation of the affected automated

information system.

(f) If a requested record is known not

to exist in the files of the agency, or to

have been destroyed or otherwise

disposed of, the requestor will be so

notified.

(g) Fees will be determined in

accordance with subpart F of this part.

(h) Notwithstanding paragraphs (a)

through (g) of this section, informational

material, such as news releases,

pamphlets, and other materials of that

nature that are ordinarily made

available to the public as a part of any

information program of the Government

will be available upon oral or written

request. A fee will be not be charged for

individual copies of that material so

long as the material is in supply. In

addition DOT will continue to respond,

without charge, to routine oral or

written inquiries that do not involve the

furnishing of records.

§ 7.15 Contacts for records requested

under the FOIA.

Each person desiring a record under

this subpart should submit a request in

writing (via paper, facsimile, or

electronic mail) to the DOT component

where the records are located:

(a) FOIA Offices at 400 7th Street,

S.W., Washington, DC 20590:

(1) Office of the Secretary of

Transportation, Room 5432.

(2) Federal Highway Administration,

Room 4428.

(3) National Highway Traffic Safety

Administration, Room 5221.

(4) Federal Transit Administration,

Room 9400.

(5) Maritime Administration, Room

7221.

(6) Research and Special Programs

Administration, Room 8419.

(7) Bureau of Transportation

Statistics, Room 3430.

(8) Office of Inspector General, Room

9210.

(b) Federal Aviation Administration,

800 Independence Avenue, S.W., Room

906A, Washington, DC 20591.

(c) United States Coast Guard, 2100

2nd Street, S.W., Room 6106,

Washington, DC 20593–0001.

(d) Director, Office of Finance, Saint

Lawrence Seaway Development

Corporation, 180 Andrews Street, P.O.

Box 520, Massena, New York 13662–

0520.

(e) Federal Railroad Administration,

1120 Vermont Avenue NW, 7th Floor,

Washington, DC. (Mailing address: 400

Seventh St., SW, Washington, DC

20590.)

(f) Certain DOT components also

maintain FOIA contacts at regional

offices and at the offices of the

Commandant and District Commanders

of the United States Coast Guard.

Additional information on the location

of these offices can be obtained through

the FOIA contact offices listed in this

section.

(g) If the person making the request

does not know where in DOT the record

is located, he or she may make an

inquiry to the Chief, FOIA Division,

Office of the General Counsel (voice:

202.366.4542; facsimile: 202.366.8536).

(h) Requests for records under this

part, and Freedom of Information Act

inquiries generally, may be made by

accessing the DOT Home Page on the

Internet (www.dot.gov) and clicking on

the Freedom of Information Act link

(www.dot.gov/foia).

§ 7.16 Requests for records of concern to

more than one government organization.

(a) If the release of a record covered

by this subpart would be of concern to

both DOT and another Federal agency,

the determination as to release will be

made by DOT only after consultation

with the other interested agency.

(b) If the release of the record covered

by this subpart would be of concern to

both DOT and a State, local, or Tribal

government, a territory or possession of

the United States, or a foreign

government, the determination as to

release will be made by DOT only after

consultation with the interested

government.

(c) Alternatively, DOT may refer the

request (or relevant portion thereof) for

decision by a Federal agency that

originated or is substantially concerned

with the records, but only if that agency

is subject to FOIA. Such referrals will be

made expeditiously and the requestor

notified in writing that a referral has

been made.

§ 7.17 Consultation with submitters of

commercial and financial information.

(a) If a request is received for

information that has been designated by

the submitter as confidential

commercial information, or which DOT

has some other reason to believe may

contain information of the type

described in § 7.13(c)(4), the submitter

of such information will, except as is

provided in paragraphs (c) and (d) of

this section, be notified expeditiously

and asked to submit any written

objections to release. At the same time,

the requestor will be notified that notice

and an opportunity to comment are

being provided to the submitter. The

submitter will, to the extent permitted

by law, be afforded a reasonable period

of time within which to provide a

detailed statement of any such

objections. The submitter’s statement

shall specify all grounds for

withholding any of the information. The

burden shall be on the submitter to

identify all information for which

exempt treatment is sought and to

persuade the agency that the

information should not be disclosed.

(b) The responsible DOT component

will, to the extent permitted by law,

consider carefully a submitter’s

objections and specific grounds for

nondisclosure prior to determining

whether to disclose business

information. Whenever a decision is
38336 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

made to disclose such information over

the objection of a submitter, the office

responsible for the decision will

forward to the submitter a written notice

of intent to disclose that will, to the

extent permitted by law, be forwarded

to the submitter a reasonable number of

days prior to the specified date upon

which disclosure is intended. At the

same time the submitter is notified, the

requestor will be notified of the decision

to disclose information. The written

notice will include:

(1) A statement of the reasons for

which the submitter’s disclosure

objections were not accepted;

(2) A description of the business

information to be disclosed; and

(3) A specific disclosure date.

(c) The notice requirements of this

section will not apply if:

(1) The office responsible for the

decision determines that the

information should not be disclosed;

(2) The information lawfully has been

published or otherwise made available

to the public; or

(3) Disclosure of the information is

required by law (other than 5 U.S.C.

552).

(d) The procedures established in this

section will not apply in the case of:

(1) Business information submitted to

the National Highway Traffic Safety

Administration and addressed in 49

CFR Part 512.

(2) Information contained in a

document to be filed or in oral

testimony that is sought to be withheld

pursuant to Rule 39 of the Rules of

Practice in Aviation Economic

Proceedings (14 CFR 302.39).

(e) Whenever a requestor brings suit

seeking to compel disclosure of

confidential commercial information,

the responsible DOT component will

promptly notify the submitter.

Subpart D—Procedures for Appealing

Decisions Not to Disclose Records

and/or Waive Fees

§ 7.21 General.

(a) Each officer or employee of DOT

who, upon a request by a member of the

public for a record under this part,

makes a determination that the record is

not to be disclosed, either because it is

subject to an exemption or not in DOT’s

custody and control, will give a written

statement of the reasons for that

determination to the person making the

request; and indicate the names and

titles or positions of each person

responsible for the initial determination

not to comply with such request, and

the availability of an appeal within

DOT. The denial letter will include an

estimate of the volume of records or

information withheld, in number of

pages or in some other reasonable form

of estimation. This estimate does not

need to be provided if the volume is

otherwise indicated through deletions

on records disclosed in part, or if

providing an estimate would harm an

interest protected by an applicable

exemption. Records disclosed in part

will be marked or annotated to show

both the amount and the location of the

information deleted whenever

practicable.

(b) When a request for a waiver of fees

pursuant to § 7.44 has been denied in

whole or in part, the requestor may

appeal the denial.

(c) Any person to whom a record has

not been made available within the time

limits established by § 7.31 and any

person who has been given a

determination pursuant to paragraph (a)

of this section that a record will not be

disclosed may appeal to the responsible

DOT official. Any person who has not

received an initial determination on his

or her request within the time limits

established by § 7.31 can seek

immediate judicial review, which may

be sought without the need first to

submit an administrative appeal.

Judicial review may be sought in the

United States District Court for the

judicial district in which the requestor

resides or has his or her principal place

of business, the judicial district in

which the records are located, or in the

District of Columbia. A determination

that a record will not be disclosed and/

or that a request for a fee waiver or

reduction will not be granted does not

constitute final agency action for the

purposes of judicial review unless:

(1) It was made by the responsible

DOT official; or

(2) The applicable time limit has

passed without a determination on the

initial request or the appeal, as the case

may be, having been made.

(d) Each appeal must be made in

writing within thirty days from the date

of receipt of the original denial and

should include the DOT file or reference

number assigned to the request and all

information and arguments relied upon

by the person making the request.

(Appeals may be submitted via facsimile

and conventional mail, but not via

electronic mail.) Such letter should

indicate that it is an appeal from a

denial of a request made under FOIA.

The envelope in which a mailed appeal

is sent should be prominently marked:

‘‘FOIA Appeal.’’ If these requirements

are not met, the twenty-day limit

described in § 7.32 will not begin to run

until the appeal has been identified, or

would have been identified with the

exercise of due diligence, by a DOT

employee as an appeal under FOIA, and

has been received by the appropriate

office.

(e) Whenever the responsible DOT

official determines it necessary, he/she

may require the requestor to furnish

additional information, or proof of

factual allegations, and may order other

proceedings appropriate in the

circumstances; in any case in which a

request or order is made, DOT’s time for

responding ceases to count while the

requestor responds to the request or

order. The decision of the responsible

DOT official as to the availability of the

record or the appropriateness of a fee

waiver or reduction constitutes final

agency action for the purpose of judicial

review.

(f) The decision of the responsible

DOT official not to disclose a record

under this part or not to grant a request

for a fee waiver or reduction is

considered to be a denial by the

Secretary for the purpose of 5 U.S.C.

552(a)(4)(B).

(g) Any final determination by the

head of an DOT component not to

disclose a record under this part, or not

to grant a request for a fee waiver or

reduction, is subject to concurrence by

a representative of the General Counsel.

(h) Upon a determination that an

appeal will be denied, the requestor will

be informed in writing of the reasons for

the denial of the request and the names

and titles or positions of each person

responsible for the determination, and

that judicial review of the determination

is available in the United States District

Court for the judicial district in which

the requestor resides or has his or her

principal place of business, the judicial

district in which the requested records

are located, or the District of Columbia.

Subpart E—Time Limits

§ 7.31 Initial determinations.

An initial determination whether to

release a record requested pursuant to

subpart C of this part will be made

within twenty Federal working days

after the request is received by the

appropriate office in accordance with

§ 7.14, except that this time limit may be

extended by up to ten Federal working

days in accordance with § 7.33. The

person making the request will be

notified immediately of such

determination. If the determination is to

grant the request, the desired record will

be made available as promptly as

possible. If the determination is to deny

the request, the person making the

request will be notified in writing, at the

same time he or she is notified of such

determination, of the reason for the

determination, the right of such person
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38337

to appeal the determination, and the

name and title of each person

responsible for the initial determination

to deny the request.

(a) In general. Components ordinarily

will respond to requests according to

their order of receipt.

(b) Multitrack processing. (1) A

component may use two or more

processing tracks by distinguishing

between simple and more complex

requests based on the amount of work

and/or time needed to process the

request, or on the number of pages

involved.

(2) A component using multitrack

processing may provide requesters in its

slower track(s) with an opportunity to

limit the scope of their requests in order

to qualify for faster processing within

the specified limits of the component’s

faster track(s). A component doing so

will contact the requestor either by

telephone, letter, facsimile, or electronic

mail, whichever is most efficient in each

case.

(c) Expedited processing. (1) Requests

and appeals will be taken out of order

and given expedited treatment

whenever a compelling need is

demonstrated and it is determined that

the compelling need involves:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual;

(ii) Requests made by a person

primarily engaged in disseminating

information, with an urgency to inform

the public of actual or alleged Federal

Government activity.

(2) A request for expedited processing

may be made at the time of the initial

request for records or at any later time.

For a prompt determination, a request

for expedited processing must be

received by the proper component.

Requests must be submitted to the

component that maintains the records

requested.

(3) A requestor who seeks expedited

processing must submit a statement,

certified to be true and correct to the

best of that person’s knowledge and

belief, explaining in detail the basis for

requesting expedited processing. For

example, a requestor within the category

in paragraph (c)(1)(ii) of this section, if

not a full-time member of the news

media, must establish that he or she is

a person whose main professional

activity or occupation is information

dissemination, though it need not be his

or her sole occupation. A requestor

within the category in paragraph

(c)(1)(ii) of this section also must

establish a particular urgency to inform

the public about the government activity

involved in the request, beyond the

public’s right to know about government

activity generally. The formality of

certification may be waived as a matter

of discretion.

(4) Within ten calendar days of receipt

of a request for expedited processing,

the proper component will decide

whether to grant it and will notify the

requestor of the decision. If a request for

expedited treatment is granted, the

request will be given priority and will

be processed as soon as practicable. If a

request for expedited processing is

denied, any appeal of that decision will

be acted on expeditiously.

§ 7.32 Final determinations.

(a) A determination with respect to

any appeal made pursuant to § 7.21 will

be made within twenty Federal working

days after receipt of such appeal except

that this time limit may be extended by

up to ten Federal working days in

accordance with § 7.33. The person

making the request will be notified

immediately of such determination

pursuant to § 7.21.

(b) In general. Components ordinarily

will respond to appeals according to

their order of receipt.

(c) Multitrack processing. (1) A

component may use two or more

processing tracks by distinguishing

between simple and more complex

appeals based on the amount of work

and/or time needed to process the

appeal, or on the number of pages

involved.

(2) A component using multitrack

processing may provide persons making

appeals in its slower track(s) with an

opportunity to limit the scope of their

appeals in order to qualify for faster

processing within the specified limits of

the component’s faster track(s). A

component doing so will contact the

person making the appeal either by

telephone, letter, facsimile, or electronic

mail, whichever is most efficient in each

case.

(d) Expedited processing. (1) An

appeal will be taken out of order and

given expedited treatment whenever a

compelling need is demonstrated and it

is determined that the compelling need

involves:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual;

(ii) A request made by a person

primarily engaged in disseminating

information, with an urgency to inform

the public of actual or alleged Federal

Government activity.

(2) A request for expedited processing

may be made at the time of the appeal

or at any later time. For a prompt

determination, a request for expedited

processing must be received by the

proper component, which is the

component that is processing the appeal

for the records requested.

(3) A requestor who seeks expedited

processing must submit a statement,

certified to be true and correct to the

best of that person’s knowledge and

belief, explaining in detail the basis for

requesting expedited processing. For

example, a requestor within the category

in § 7.31(c)(1)(ii), if not a full-time

member of the news media, must

establish that he or she is a person

whose main professional activity or

occupation is information

dissemination, though it need not be his

or her sole occupation. A requestor

within the category in § 7.31(c)(1)(ii)

also must establish a particular urgency

to inform the public about the

government activity involved in the

request, beyond the public’s right to

know about government activity

generally. The formality of certification

may be waived as a matter of discretion.

A person who was granted expedited

processing under § 7.31 need merely

certify that the same circumstances

apply.

(4) Within ten calendar days of receipt

of a request for expedited processing,

the proper component will decide

whether to grant it and will notify the

requestor of the decision. If a request for

expedited treatment is granted, the

appeal will be given priority and will be

processed as soon as practicable. If a

request for expedited processing of an

appeal is denied, no further

administrative recourse is available.

§ 7.33 Extension.

(a) In unusual circumstances as

specified in this section, the time limits

prescribed in § 7.31 and § 7.32 may be

extended by written notice to the person

making the request setting forth the

reasons for such extension and the date

on which a determination is expected to

be dispatched. Such notice may not

specify a date that would result in a

cumulative extension of more than 10

Federal working days without providing

the requestor an opportunity to modify

the request as noted in this section. As

used in this paragraph, ‘‘unusual

circumstances’’ means, but only to the

extent reasonably necessary to the

proper processing of the particular

request:

(1) The need to search for and collect

the requested records from field

facilities or other establishments that are

separate from the office processing the

request.
38338 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

(2) The need to search for, collect, and

appropriately examine a voluminous

amount of separate and distinct records

that are demanded in a single request;

or

(3) The need for consultation, which

will be conducted with all practicable

speed, with any other agency or DOT

component having a substantial interest

in the determination of the request or

among two or more components of the

agency having substantial subject-matter

interest therein.

(b) Where the extension is for more

than 10 working days, the DOT

component will provide the requestor

with an opportunity either to modify the

request so that it may be processed

within the time limits or to arrange an

alternative time period with the

component for processing the request or

a modified request.

(c) Where a component reasonably

believes that multiple requests

submitted by a requestor, or by a group

of requesters acting in concert,

constitute a single request that would

otherwise involve unusual

circumstances, and the requests involve

clearly related matters, they may be

aggregated for the purposes of fees and

processing activities. Multiple requests

involving unrelated matters will not be

aggregated.

Subpart F—Fees

§ 7.41 General.

(a) This subpart prescribes fees for

services performed for the public under

subparts B and C of this part by DOT.

(b) All terms defined by FOIA apply

to this subpart, and the term ‘‘hourly

rate’’ means the actual hourly base pay

for a civilian employee or, for members

of the Coast Guard, the equivalent

hourly pay rate computed using a 40-

hour week and the member’s normal

basic pay and allowances.

(c) This subpart applies to all

employees of DOT, including those of

non-appropriated fund activities of the

Coast Guard and the Maritime

Administration.

(d) This subpart does not apply to any

special study, special statistical

compilation, table, or other record

requested under 49 U.S.C. 329(c). The

fee for the performance of such a service

is the actual cost of the work involved

in compiling the record. All such fees

received by DOT in payment of the cost

of such work are deposited in a separate

account administered under the

direction of the Secretary, and may be

used for the ordinary expenses

incidental to providing the information.

(e) This subpart does not apply to

requests from record subjects for records

about themselves in DOT systems of

records, which are determined in

accordance with the Privacy Act, as

implemented by DOT regulations (49

CFR part 10).

§ 7.42 Payment of fees.

(a) The fees prescribed in this subpart

may be paid by check, draft, or money

order, payable to the DOT component

where fees were incurred, for deposit in

the General Fund of the Treasury of the

United States, e.g. DOT/FAA.

(b) Charges may be assessed by DOT

for time spent searching for requested

records even if the search fails to locate

records or the records located are

determined to be exempt from

disclosure. In addition, if records are

requested for commercial use, DOT may

assess a fee for time spent reviewing any

responsive records located to determine

whether they are exempt from

disclosure.

(c) When it is estimated that the

search charges, review charges,

duplication fees, or any combination of

fees that could be charged to the

requestor will likely exceed US $25, the

requestor will be notified of the

estimated amount of the fees, unless the

requestor has indicated in advance his

or her willingness to pay fees as high as

those anticipated. In cases where a

requestor has been notified that actual

or estimated fees may amount to more

than US $25, the request will be deemed

not to have been received until the

requestor has agreed to pay the

anticipated total fee. The notice will

also inform the requestor how to consult

with the appropriate DOT officials with

the object of reformulating the request to

meet his or her needs at a lower cost.

(d) Payment of fees may be required

prior to actual duplication or delivery of

any releasable records to a requestor.

However, advance payment, i.e., before

work is commenced or continued on a

request, may not be required unless:

(1) Allowable charges that a requestor

may be required to pay are likely to

exceed US $250; or

(2) The requestor has failed to pay

within 30 days of the billing date fees

charged for a previous request to any

part of DOT.

(e) When paragraph (d)(1) of this

section applies, the requestor will be

notified of the likely cost and, where he/

she has a history of prompt payment of

FOIA fees, requested to furnish

satisfactory assurance of full payment of

FOIA fees. Where the requestor does not

have any history of payment, he or she

may be required to make advance

payment of any amount up to the full

estimated charges.

(f) When paragraph (d)(2) of this

section applies, the requestor will be

required to demonstrate that the fee has,

in fact, been paid or to pay the full

amount owed, including any applicable

interest, late handling charges, and

penalty charges as discussed in

paragraphs (g) and (h) of this section.

The requestor will also be required to

make an advance payment of the full

amount of the estimated fee before

processing of a new request or

continuation of a pending request is

begun.

(g) DOT will assess interest on an

unpaid bill starting on the 31st day

following the day on which the notice

of the amount due is first mailed to the

requestor. Interest will accrue from the

date of the notice of amount due and

will be at the rate prescribed in 31

U.S.C. 3717. Receipt by DOT of a

payment for the full amount of the fees

owed within 30 calendar days after the

date of the initial billing will stay the

accrual of interest, even if the payment

has not been processed.

(h) If payment of fees charged is not

received within 30 calendar days after

the date the initial notice of the amount

due is first mailed to the requestor, an

administrative charge will be assessed

by DOT to cover the cost of processing

and handling the delinquent claim. In

addition, a penalty charge will be

applied with respect to any principal

amount of a debt that is more than 90

days past due. Where appropriate, other

steps permitted by Federal debt

collection statutes, including disclosure

to consumer reporting agencies and use

of collection agencies, will be used by

DOT to encourage payment of amounts

overdue.

(i) Notwithstanding any other

provision of this subpart, when the total

amount of fees that could be charged for

a particular request (or aggregation of

requests) under subpart C of this part,

after taking into account all services that

must be provided free of, or at a

reduced, charge, is less than US $10.00

DOT will not make any charge for fees.

§ 7.43 Fee schedule.

The rates for manual searching,

computer operator/programmer time

and time spent reviewing records will

be calculated based on the grades and

rates established by the WashingtonBaltimore Federal White-Collar Pay

Schedule or equivalent grades, as

follows:

When performed by employees:

GS–1 through GS–8—Hourly rate of GS–

5 step 7 plus 16%

GS–9 through GS–14—Hourly rate of

GS–12 step 7 plus 16%
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38339

GS–15 and above—Hourly rate of GS–15

step 7 plus 16%

(a) The standard fee for a manual

search to locate a record requested

under subpart C of this part, including

making it available for inspection, will

be determined by multiplying the

searcher’s rate as calculated from the

chart in this section and the time spent

conducting the search.

(b) The standard fee for a computer

search for a record requested under

subpart C of this part is the actual cost.

This includes the cost of operating the

central processing unit for the time

directly attributable to searching for

records responsive to a FOIA request

and the operator/programmer’s rate as

calculated from the chart for costs

apportionable to the search.

(c) The standard fee for review of

records requested under subpart C of

this part is the reviewer’s rate as

calculated from the chart multiplied by

the time he/she spent determining

whether the requested records are

exempt from mandatory disclosure.

(d) The standard fee for duplication of

a record requested under subpart C of

this part is determined as follows:

(1) Per copy of each page (not larger

than 8.5 x 14 inches) reproduced by

photocopy or similar means (includes

costs of personnel and equipment)—US

$0.10.

(2) Per copy prepared by computer

such as tapes or printout—actual costs,

including operator time.

(3) Per copy prepared by any other

method of duplication—actual direct

cost of production.

(e) Depending upon the category of

requestor, and the use for which the

records are requested, in some cases the

fees computed in accordance with the

standard fee schedule in paragraph (d)

of this section will either be reduced or

not charged, as prescribed by other

provisions of this subpart.

(f) The following special services not

required by FOIA may be made

available upon request, at the stated

fees: Certified copies of documents,

with DOT or DOT component seal

(where authorized)—US $4.00; or true

copy, without seal—US $2.00.

§ 7.44 Services performed without charge

or at a reduced charge.

(a) A fee is not to be charged to any

requestor making a request under

subpart C of this part for the first two

hours of search time unless the records

are requested for commercial use. For

purposes of this subpart, when a

computer search is required two hours

of search time will be considered spent

when the hourly costs of operating the

central processing unit used to perform

the search added to the computer

operator’s salary cost (hourly rate plus

16 percent) equals two hours of the

computer operator’s salary costs (hourly

rate plus 16 percent).

(b) A fee is not to be charged for any

time spent searching for a record

requested under subpart C if the records

are not for commercial use and the

requestor is a representative of the news

media, an educational institution whose

purpose is scholarly research, or a noncommercial scientific institution whose

purpose is scientific research.

(c) A fee is not to be charged for

duplication of the first 100 pages

(standard paper, not larger than 8.5 x 14

inches) of records provided to any

requestor in response to a request under

Subpart C unless the records are

requested for commercial use.

(d) A fee is not to be charged to any

requestor under subpart C to determine

whether a record is exempt from

mandatory disclosure unless the record

is requested for commercial use. A

review charge may not be charged

except with respect to an initial review

to determine the applicability of a

particular exemption to a particular

record or portion of a record. A review

charge may not be assessed for review

at the administrative appeal level. When

records or portions of records withheld

in full under an exemption that is

subsequently determined not to apply

are reviewed again to determine the

applicability of other exemptions not

previously considered, this is

considered an initial review for

purposes of assessing a review charge.

(e) Documents will be furnished

without charge or at a reduced charge if

the official having initial denial

authority determines that disclosure of

the information is in the public interest

because it is likely to contribute

significantly to public understanding of

the operations or activities of the

government and is not primarily in the

commercial interest of the requestor.

(f) Factors to be considered by DOT

officials authorized to determine

whether a waiver or reduction of fees

will be granted include:

(1) Whether the subject matter of the

requested records concerns the

operations or activities of the Federal

government;

(2) Whether the disclosure is likely to

contribute to an understanding of

Federal government operations or

activities;

(3) Whether disclosure of the

requested information will contribute to

the understanding of the public at large,

as opposed to the individual

understanding of the requestor or a

narrow segment of interested persons;

(4) Whether the contribution to public

understanding of Federal government

operations or activities will be

significant;

(5) Whether the requestor has a

commercial interest that would be

furthered by the requested disclosure;

and

(6) Whether the magnitude of any

identified commercial interest to the

requestor is sufficiently large in

comparison with the public interest in

disclosure that disclosure is primarily in

the commercial interest of the requestor.

(g) Documents will be furnished

without charge or at a reduced charge if

the official having initial denial

authority determines that the request

concerns records related to the death of

an immediate family member who was,

at the time of death, a DOT employee or

a member of the Coast Guard.

(h) Documents will be furnished

without charge or at a reduced charge if

the official having initial denial

authority determines that the request is

by the victim of a crime who seeks the

record of the trial or court-martial at

which the requestor testified.

§ 7.45 Transcripts.

Transcripts of hearings or oral

arguments are available for inspection.

Where transcripts are prepared by a

nongovernmental contractor, and the

contract permits DOT to handle the

reproduction of further copies, § 7.43

applies. Where the contract for

transcription services reserves the sales

privilege to the reporting service, any

duplicate copies must be purchased

directly from the reporting service.

§ 7.46 Alternative sources of information.

In the interest of making documents

of general interest publicly available at

as low a cost as possible, alternative

sources will be arranged whenever

possible. In appropriate instances,

material that is published and offered

for sale may be obtained from the

Superintendent of Documents, U.S.

Government Printing Office,

Washington, DC 20402; U.S. Department

of Commerce’s National Technical

Information Service (NTIS), Springfield,

Virginia 22151; or National AudioVisual Center, National Archives and

Records Administration, Capital

Heights, MD 20743–3701.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 98–18757 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–62–P